Birmingham Drainage District v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Error to Clay Circuit Court. — Eon. Frcmh P. Divelbiss, Judge. (1) Under tlie undisputed and uncontradicted facts shown in this record, the amounts severally assessed as benefits against each of the railroad companies respectively on account of the construction of the levee are so palpably and grossly excessive and out of all proportion to the decreased- cost of maintenance and the increased physical efficiency of the roadbeds that the contributions in cash and the outlay of…
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Error to Clay Circuit Court. — Eon. Frcmh P. Divelbiss, Judge. (1) Under tlie undisputed and uncontradicted facts shown in this record, the amounts severally assessed as benefits against each of the railroad companies respectively on account of the construction of the levee are so palpably and grossly excessive and out of all proportion to the decreased- cost of maintenance and the increased physical efficiency of the roadbeds that the contributions in cash and the outlay of work and material exacted are, as a matter of law, conficatory, arbitrary and constitute a flagrant abuse of the rights…
1Opinion of the Court
BROWN, C.
This is a proceeding in the circuit court for Clay County for the assessment of benefits accruing to property situated in the Birmingham Drainage District in that county and to assess damages to property to be taken or injuriously affected in the construction of its works.
The proceeding for incorporation of the district was instituted September 22, 1913,' under the provisions of the act of the General Assembly approved March 24, 1913, pertaining to the “Organization of Drainage Districts by Circuit Courts” (Laws 1913, p. 232), by the filing of the articles of association and giving…
2Cases cited13 opinions
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- Morrison v. MoreySupreme Court of Missouri · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- City of St. Joseph v. HankinsonSupreme Court of Missouri · 1958
- State ex rel. Young v. Duval CountySupreme Court of Florida · 1918
- State Ex Rel. Becker v. Wellston Sewer DistrictSupreme Court of Missouri · 1933
- State Ex Rel. Manion v. DawsonSupreme Court of Missouri · 1920
- Riverside-Quindaro Bend Levee District v. Missouri American Water Co.Missouri Court of Appeals · 2003
19 more not listed; retrieve them via the Exa API.